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i <br />R <br />9 <br />_r <br />i <br />i <br />L <br />89-- ia544o <br />ta. imbosllwws PraMd«n. <br />(a) Nerrawar Nei ReMsaad. Extension of the time for paymem or modification of anwetiizatim of the sums secured by thin <br />Deed of Trust granted by Lander to any successor In interest of Harrower shall not operate to retaese, in any manner. the liability <br />d the original Borrower and Borrower's successors In interest Lender shill not be retuired $a commence proceedings egelnet <br />such successor or refimm to extend lima for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by reason d any demands made by the original Borrower and Borrower's successors in interest <br />- — - (b# Leagai'i's ttiir''',W, �n-a -the IiQV ft af-rXfVr0 w -attsf oblWatiiOfl - h e-m-Wn- <br />rnanlioned. and without affecting the lien or charge of this Deed of Twst upon any portion of the Property not then or t wokilore <br />ralessed as security for the full amount of all unpaid obligations, Lender may. from time to time and without notice (1) slew any <br />person so liable. (ii)*xlendthe maturity or alNrany of the terms of say such obligations. (iii) ()rant other indulgences. (iv) release <br />of reeonvey, or caws to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, <br />M take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other <br />arranger Oft with dabtors in relation thereto: <br />(c) Fodbesrance by Lender Not a Wafwer. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shallinot be a waiver of or preclude the exercise of any such right or remedy. The <br />procurement of insurance or the payment cf. faxes or other liens or charges by Lender shall not be a waiver of Lender's right to <br />accelerate the meturity of the indebtedness secured by this Deed of Trash <br />(d) Saoonsels and Assign Bound; Joint and 3weral LkbOy; Cop§w& The covenants and agreements herein con - <br />tainied shah bind, and the rights hereunder shall inure to, the respeclive successors and assigns of Lender and Trwfor. All <br />covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of <br />Ttwt are for convenience only and are not to the used to interpret or, deft re the provisions hereof. <br />(e) Requed tier Notices. The parties hereby request that is copy of any rtalire of default hereunder and s copy of any notice <br />of seta hereunder be mailed to each patty to this Deedm of Trust at the address set forth above In the manner proscribed qy <br />sppiibable law. Except for any other notice required under applicable law to be glyen• 16 another manner, any notice prevWed, <br />kr tit this Deed of Trust shall be given by malting such notice by certified mail addressed to the other parties, atthe address set <br />forth above. Any notice provided for in this Deed of Trust shalt be effective upon. mailing in the manner designaled henefn. If <br />Trustor is more than one person. notice sent to the address set forth above shall be notice to all such persons. <br />(0 1 spaetlsn. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Trustor notice prior to any such inspection specifying reawriable cause therefor related to Lenders <br />interest in the Property. <br />(g) Recorneyanee. Upon payment at ail sums secured by this Deed of Trust, Lender shall request•Trustee to reconveythe <br />Property and shall surrender this Deed at-r W and all notes evidencing.. lrrdeta:,iness secured by this Deed of Trust to Trusta& <br />Trustee shall reconvey the Property iiihziA warranty and without charge to ti=e person or persons legally entitled thereb. <br />Truster, shall pay all costs of na�vr ii>attns� +i_ any. <br />(h) Poem Property; Sesu ft Aunt As additional security for the payment of the Note Trustor hereby grants <br />Lender under the Nebraska Uniform Comm* ='at Code a security interest In all fixtures, equipment, and other personal property <br />used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of <br />the real estate secured hereby. This Instrument shall be construed as a Security Agreement under said Code, and the Lender <br />shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created render <br />and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall <br />be cumulative with, and in no way a limitation on, Lenders rights and remedies under any other security agreement signed by <br />Borrower or Trustor. <br />(i) Lens and Encumbrancee. Truster hereby warrants and reprea rats that there is no default under the provisions cl! 4ny <br />mortgage, deed of trust, lease or purchase contract describing all m• any"part of the Property, or other contract, instrumentor <br />agreement constituting a lien or encumbrance against all or any putt0 the Prop," (collectively, "Liens "),.vf0ting as of the <br />dada of this Deed of Trust, and that any and all existing Liens remain ummodified a —,ept as disclo±ed to w er In Trustor's <br />wr,'trim disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustors obligations, <br />cC,wirmurltsi. representations and warranties under any and all exisiting and future Liens, shall rremptly forward to Lender copies <br />of all notices of default sent in connection with any and all existing or future Liens, and shall nctwithout Lender's prior written <br />consent in any manner modify the provisons of or allow any future advances under any existing or future Liens. <br />G) ApPMcallon of Payments. Unless otherwise required bylaw. sums paid to Lender hereunder, including without limitation <br />payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by <br />Lender to the amounts due and owing from Trustor and Borrower in OuO order as Lender in its sole discretion deems desirable. <br />(k) 3sveraWjtV,1 If any provision of this Deed of Trust con6:rls witir•applicabte law or is declared invalid or otherwise <br />unenforceable, disich conflict or invalidity shall not affect the other l;roviaons of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the praptaoiis of this Deed of Trust and the Note aca declared lo- be <br />several*. <br />p) Tarns. The terms "Trustor" and "Borrower" shat include Moth singular and plural, and Mien the Trustor and Borrower <br />are the same person(s), those terms as used in this Deed at Trust Eha1•be,jnterchangeable. <br />(m) aw. This Deed of Trust shall be governed by )t� laws Of the State of Nebraska. <br />Trustor Deed of Trust as of the date written above. / <br />(Rark, uaband 6 Trustor) (v th E. Trustor lark, Husband) <br />(LOr L. Clark, Wife, & Trustor) (Phyla s A: Trustor Clark, Wife) <br />c <br />)1• <br />. S <br />